KUALA LUMPUR: Datuk Seri Najib Razak’s house arrest could shape how future royal pardons are implemented, although constitutional experts differ on whether it would establish a precedent.
Constitutional and legal expert Professor Dr Nik Ahmad Kamal said Najib’s case was likely to become a benchmark for future house arrest arrangements.
“I believe Najib is a test case. It will probably set a standard for future house arrest practices,” he told the New Straits Times.
He said Article 42 of the Federal Constitution did not restrict the form a pardon, reprieve or respite could take.
“Thus, house arrest may be one form of pardon, reprieve, or respite as the Pardons Board thinks fit.”
He added that the board was not bound by the Prison Act 1995 when exercising its powers, as a pardon went beyond ordinary sentencing principles.
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Lawyer and constitutional expert Mohamed Haniff Khatri Abdulla, however, argued that a royal pardon could not establish a precedent that bound the ruler.
“There’s no such thing as precedent for the king. The king can do what he wants.”
He said the lack of a specific law governing house arrest did not affect the validity of the pardon, provided its terms were clear.
“The power of mercy is always above any provisions of law, or even the sentence meted out by the court,” he said.
On its implementation, Haniff said the Home Ministry and Prisons Department had to respect the Yang di-Pertuan Agong’s wishes while ensuring Najib did not abscond and remained safe.
If uncertain about the intended conditions, the minister and Prisons Department director-general could seek an audience with the king, he said.
Haniff also said Parliament could amend the constitution to limit the royal prerogative, pointing to amendments in 1993 restricting the rulers’ immunity from civil and criminal proceedings, made with the Conference of Rulers’ consent.
He criticised lawmakers for failing to act on the issue despite it having surfaced in April 2024 and again when the Pardons Board granted Najib a conditional pardon in September.
Najib was granted the conditional pardon on Sept 18. After paying the RM50 million fine, he was allowed to serve the remainder of his sentence under house arrest until Aug 23, 2028.
On Thursday, Home Minister Datuk Seri Saifuddin Nasution Ismail told the Dewan Rakyat the conditions governing Najib’s house arrest had been drawn up with future cases in mind.
The four conditions set by the Pardons Board cover residence and association; movement and visits; telephone and telecommunications use; and, compulsory rehabilitation programmes.
Najib is barred from media appearances, public gatherings and political activities. Any breach of the conditions would result in his return to Kajang Prison.